The purposes of this Article are to set forth the authority
and responsibility of the Governor, State agencies, and local governments in
prevention of, preparation for, response to, and recovery from natural or man-made
emergencies or hostile military or paramilitary action and to do the following:

(1) Reduce vulnerability of people and property of this
State to damage, injury, and loss of life and property.

(2) Prepare for prompt and efficient rescue, care, and
treatment of threatened or affected persons.

(3) Provide for the rapid and orderly rehabilitation of
persons and restoration of property.

(4) Provide for cooperation and coordination of
activities relating to emergency mitigation, preparedness, response, and
recovery among agencies and officials of this State and with similar agencies
and officials of other states, with local and federal governments, with
interstate organizations, and with other private and quasi-official
organizations. (1959, c. 337, s. 1; 1975, c. 734, s.
1; 1977, c. 848, s. 2; 1995, c. 509, s. 121; 2012-12, s. 1(b).)

§ 166A-19.2. Limitations.

Nothing in this Article shall be construed to do any of the
following:

(1) Interfere with dissemination of news or comment on
public affairs; but any communications facility or organization, including, but
not limited to, radio and television stations, wire services, and newspapers
may be requested to transmit or print public service messages furnishing
information or instructions in connection with an emergency, disaster, or war.

(2) Limit, modify, or abridge the authority of the
Governor to declare martial law or exercise any other powers vested in the
Governor under the North Carolina Constitution, statutes, or common law of this
State independent of, or in conjunction with, any provisions of this Article. (1975, c. 734, s. 2; 1977, c. 848, s. 2; 1995, c. 509, s.
122; 2012-12, s. 1(b).)

(2) Chair of the board of county commissioners. - The
chair of the board of county commissioners or, in case of the chair's absence
or disability, the person authorized to act in the chair's stead. Unless the
governing body of the county has specified who is to act in lieu of the chair
with respect to a particular power or duty set out in this Article, this term
shall mean the person generally authorized to act in lieu of the chair.

(3) Disaster declaration. - A gubernatorial declaration
that the impact or anticipated impact of an emergency constitutes a disaster of
one of the types enumerated in G.S. 166A-19.21(b).

(4) Division. - The Division of Emergency Management
established in Subpart A of Part 5 of Article 13 of Chapter 143B of the General
Statutes.

(5) Eligible entity. - Any political subdivision. The
term also includes an owner or operator of a private nonprofit utility that
meets the eligibility criteria set out in this Article.

(6) Emergency. - An occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property resulting from
any natural or man-made accidental, military, paramilitary, terrorism, weather-related,
public health, explosion-related, riot-related cause, or technological failure
or accident, including, but not limited to, a cyber incident, an explosion, a
transportation accident, a radiological accident, or a chemical or other
hazardous material incident.

(7) Emergency area. - The geographical area covered by
a state of emergency.

(8) Emergency management. - Those measures taken by the
populace and governments at federal, State, and local levels to minimize the
adverse effect of any type emergency, which includes the never-ending
preparedness cycle of planning, prevention, mitigation, warning, movement,
shelter, emergency assistance, and recovery.

(9) Emergency management agency. - A State or local
governmental agency charged with coordination of all emergency management
activities for its jurisdiction.

(10) Hazard risk management. - The systematic application
of policies, practices, and resources to the identification, assessment, and
control of risk associated with hazards affecting human health and safety and
property. Hazard, risk, and cost-benefit analysis are used to support development
of risk reduction options, program objectives, and prioritization of issues and
resources.

(11) Mayor. - The mayor or other chief executive official
of a municipality or, in case of that person's absence or disability, the
person authorized to act in that person's stead. Unless the governing body of
the municipality has specified who is to act in lieu of the mayor with respect
to a particular power or duty set out in this Article, the term shall mean the
person generally authorized to act in lieu of the mayor.

(13) Preliminary damage assessment. - The initial
estimate prepared by State, local, or federal emergency management workers used
to determine the severity and magnitude of damage caused by an emergency.

(14) Private nonprofit utility. - A utility that would be
eligible for federal public assistance disaster funds pursuant to 44 C.F.R.
Part 206.

(17) State Acquisition and Relocation Fund. - State
funding for supplemental grants to homeowners participating in a federal Hazard
Mitigation Grant Program Acquisition and Relocation Program. These grants are
used to acquire safe, decent, and sanitary housing by paying the difference
between the cost of the home acquired under the federal Hazard Mitigation Grant
Program Acquisition and Relocation Program and the cost of a comparable home
located outside the 100-year floodplain.

(17a) State Emergency Response and Disaster Relief Fund. -
The fund established in G.S. 166A-19.42.

(18) State Emergency Response Team. - The representative
group of State agency personnel designated to carry out the emergency
management support functions identified in the North Carolina Emergency
Operations Plan. The State Emergency Response Team leader shall be the Director
of the Division, who shall have authority to manage the Team pursuant to
G.S. 166A-19.12(1), as delegated by the Governor. The Team shall consist
of the following State agencies:

a. Department of Public Safety.

b. Department of Transportation.

c. Department of Health and Human Services.

d. Department of Environmental Quality.

e. Department of Agriculture and Consumer Services.

f. Any other agency identified in the North Carolina
Emergency Operations Plan.

(19) State of emergency. - A finding and declaration by
any of the following authorities that an emergency exists:

a. The Governor, acting under the authority of
G.S. 166A-19.20.

b. The General Assembly, acting under the authority of
G.S. 166A-19.20.

c. The governing body of a municipality or the mayor
of a municipality, acting under the authority of G.S. 166A-19.22.

(a) State Emergency Management Program. - The State
Emergency Management Program includes all aspects of preparations for, response
to, recovery from, and mitigation against war or peacetime emergencies.

(b) Powers of the Governor. - The Governor is
authorized and empowered to do the following:

(1) To exercise general direction and control of the
State Emergency Management Program and to be responsible for carrying out the
provisions of this Article, other than those provisions that confer powers and
duties exclusively on local governments.

(2) To make, amend, or rescind the necessary orders,
rules, and regulations within the limits of the authority conferred upon the
Governor herein, with due consideration of the policies of the federal
government.

(3) To delegate any authority vested in the Governor
under this Article and to provide for the subdelegation of any such authority.

(4) To cooperate and coordinate with the President and
the heads of the departments and agencies of the federal government, and with
other appropriate federal officers and agencies, and with the officers and
agencies of other states and local units of government in matters pertaining to
the emergency management of the State and nation.

(5) To enter into agreements with the American National
Red Cross, Salvation Army, Mennonite Disaster Service, and other disaster
relief organizations.

(7) To utilize the services, equipment, supplies, and
facilities of existing departments, offices, and agencies of the State and of
the political subdivisions thereof. The officers and personnel of all such
departments, offices, and agencies are required to cooperate with and extend
such services and facilities to the Governor upon request. This authority shall
extend to a state of emergency declared pursuant to G.S. 166A-19.20, to the
imminent threat of an emergency that will likely require an emergency to be
declared pursuant to G.S. 166A-19.20, or to emergency management planning and
training purposes.

(8) To agree, when required to obtain federal
assistance in debris removal, that the State will indemnify the federal
government against any claim arising from the removal of the debris.

(9) To sell, lend, lease, give, transfer, or deliver materials
or perform services for emergency purposes on such terms and conditions as may
be prescribed by any existing law, and to account to the State Treasurer for
any funds received for such property.

The Secretary shall be responsible to the Governor for State
emergency management activities. The Secretary shall have the following powers
and duties as delegated by the Governor:

(1) To activate the State and local plans applicable to
the areas in question and to authorize and direct the deployment and use of any
personnel and forces to which the plan or plans apply, and the use or
distribution of any supplies, equipment, materials, and facilities available
pursuant to this Article or any other provision of law.

(2) To adopt the rules to implement those provisions of
this Article that deal with matters other than those that are exclusively
local.

(3) To develop a system to produce a preliminary damage
assessment from which the Secretary will recommend the appropriate level of
disaster declaration to the Governor. The system shall, at a minimum, consider
whether the damage involved and its effects are of such a severity and
magnitude as to be beyond the response capabilities of the local government or
political subdivision.

The Division of Emergency Management shall have the following
powers and duties as delegated by the Governor and Secretary of Public Safety:

(1) Coordination of the activities of all State
agencies for emergency management within the State, including planning,
organizing, staffing, equipping, training, testing, and activating and managing
the State Emergency Response Team and emergency management programs.

(2) Preparation and maintenance of State plans for
emergencies. The State plans or any parts thereof may be incorporated into
department regulations and into executive orders of the Governor.

(3) Coordination with the State Health Director to
amend or revise the North Carolina Emergency Operations Plan regarding public
health matters. At a minimum, the revisions to the Plan shall provide for the
following:

a. The epidemiologic investigation of a known or
suspected threat caused by nuclear, biological, or chemical agents.

b. The examination and testing of persons and animals
that may have been exposed to a nuclear, biological, or chemical agent.

c. The procurement and allocation of immunizing agents
and prophylactic antibiotics.

d. The allocation of the Strategic National Stockpile.

e. The appropriate conditions for quarantine and
isolation in order to prevent further transmission of disease.

f. Immunization procedures.

g. The issuance of guidelines for prophylaxis and
treatment of exposed and affected persons.

(4) Establishment of a voluntary model registry for use
by political subdivisions in identifying functionally and medically fragile
persons in need of assistance during an emergency. All records, data,
information, correspondence, and communications relating to the registration of
persons with special needs or of functionally and medically fragile persons
obtained pursuant to this subdivision are confidential and are not a public record
pursuant to G.S. 132-1 or any other applicable statute, except that this
information shall be available to emergency response agencies, as determined by
the local emergency management director. This information shall be used only
for the purposes set forth in this subdivision.

(5) Promulgation of standards and requirements for
local plans and programs consistent with federal and State laws and
regulations, determination of eligibility for State financial assistance
provided for in G.S. 166A-19.15, and provision of technical assistance to local
governments. Standards and requirements for local plans and programs
promulgated under this subdivision shall be reviewed by the Division at least
biennially and updated as necessary.

(6) Development and presentation of training programs,
including the Emergency Management Certification Program established under
Article 5 of this Chapter, and public information programs to insure the
furnishing of adequately trained personnel and an informed public in time of
need.

(7) Making of such studies and surveys of the resources
in this State as may be necessary to ascertain the capabilities of the State
for emergency management, maintaining data on these resources, and planning for
the most efficient use thereof.

(8) Coordination of the use of any private facilities,
services, and property.

(9) Preparation for issuance by the Governor of
executive orders, declarations, and regulations as necessary or appropriate.

(10) Cooperation and maintenance of liaison with the
other states, the federal government, and any public or private agency or
entity in achieving any purpose of this Article and in implementing programs
for emergency or war prevention, preparation, response, and recovery.

(11) Making recommendations, as appropriate, for zoning,
building, and other land-use controls, and safety measures for securing mobile
homes or other nonpermanent or semipermanent works designed to protect against
or mitigate the effects of an emergency.

(12) Coordination of the use of existing means of
communications and supplementing communications resources and integrating them
into a comprehensive State or State-federal telecommunications or other
communications system or network.

(13) Administration of federal and State grant funds
provided for emergency management purposes, including those funds provided for
planning and preparedness activities by emergency management agencies.

(14) Serving as the lead State agency for the
coordination of information and resources for hazard risk management, which
shall include the following responsibilities:

a. Coordinating with other State agencies and county
governments in conducting hazard risk analysis. To the extent another State
agency has primary responsibility for the adoption of hazard mitigation
standards, those standards shall be applied in conducting a hazard risk
analysis.

b. Establishing and maintaining a hazard risk
management information system and tools to display natural hazards and
vulnerabilities and conducting risk assessment.

c. Acquiring and leveraging all natural hazard data
generated or maintained by State agencies and county governments.

d. Acquiring and leveraging all vulnerability data
generated or maintained by State agencies and county governments.

e. Maintaining a clearinghouse for methodologies and
metrics for calculating and communicating hazard probability and loss
estimation.

(15) Utilizing and maintaining technology that enables
efficient and effective communication and management of resources between
political subdivisions, State agencies, and other governmental entities
involved in emergency management activities.

(16) Establishing and operating a 24-hour Operations
Center to serve as a single point of contact for local governments to report
the occurrence of emergency and disaster events and to coordinate local and
State response assets. The Division shall record all telephone calls to the 24-hour
Operations Center emergency hotline and shall maintain the recording of each
telephone call for at least one year.

(17) Developing, maintaining, and implementing plans for
response to any emergency occurring at a fixed nuclear power generating
facility located in or near the borders of the State of North Carolina.

(18) Maintaining the State Emergency Operations Center as
the facility to house the State Emergency Response Team whenever it is
activated for disaster response.

(19) Serving as the agency responsible for the management
of intrastate and interstate mutual aid planning, implementation, and resource
procurement necessary for supporting emergency response and recovery.

(20) Coordination with the Commissioner of Agriculture,
or the Commissioner's designee, to amend or revise the North Carolina Emergency
Operations Plan regarding agricultural matters. At a minimum, the revisions to
the Plan shall provide for the following:

a. The examination and testing of animals that may
have been exposed to a nuclear, biological, or chemical agent.

b. The appropriate conditions for quarantine and
isolation of animals in order to prevent further transmission of disease.

(a) Governing Body of Counties Responsible for
Emergency Management. - The governing body of each county is responsible for
emergency management within the geographical limits of such county. All
emergency management efforts within the county will be coordinated by the
county, including activities of the municipalities within the county.

(b) Counties May Establish and Maintain Emergency
Management Agencies. - The governing body of each county is hereby authorized
to establish and maintain an emergency management agency for the purposes
contained in G.S. 166A-19.1. The governing body of each county which
establishes an emergency management agency pursuant to this authorization shall
appoint a coordinator who will have a direct responsibility for the
organization, administration, and operation of the county program and will be subject
to the direction and guidance of such governing body. In the event that any
county fails to establish an emergency management agency, and the Governor, in
the Governor's discretion, determines that a need exists for such an emergency
management agency, then the Governor is hereby empowered to establish an
emergency management agency within that county.

(c) Municipalities May Establish and Maintain
Emergency Management Agencies. - All incorporated municipalities are authorized
to establish and maintain emergency management agencies subject to coordination
by the county.

(d) Joint Agencies Authorized. - Counties and
incorporated municipalities are authorized to form joint emergency management
agencies composed of a county and one or more municipalities within the
county's borders, between two or more counties, or between two or more counties
and one or more municipalities within the borders of those counties.

(e) Local Appropriations Authorized. - Each county and
incorporated municipality in this State is authorized to make appropriations
for the purposes of this Article and to fund them by levy of property taxes
pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other
revenues, use of which is not otherwise restricted by law.

(f) Additional Powers. - In carrying out the
provisions of this Article each political subdivision is authorized to do the
following:

(1) To appropriate and expend funds, make contracts,
obtain and distribute equipment, materials, and supplies for emergency
management purposes and to provide for the health and safety of persons and
property, including emergency assistance, consistent with this Article.

(2) To direct and coordinate the development of
emergency management plans and programs in accordance with the policies and
standards set by the Division, consistent with federal and State laws and
regulations.

(3) To assign and make available all available
resources for emergency management purposes for service within or outside of
the physical limits of the subdivision.

(4) To delegate powers in a local state of emergency
declared pursuant to G.S. 166A-19.22.

(5) To coordinate the voluntary registration of
functionally and medically fragile persons in need of assistance during an
emergency either through a registry established by this subdivision or by the
State. All records, data, information, correspondence, and communications
relating to the registration of persons with special needs or of functionally
and medically fragile persons obtained pursuant to this subdivision are
confidential and are not a public record pursuant to G.S. 132-1 or any other
applicable statute, except that this information shall be available to
emergency response agencies, as determined by the local emergency management
director. This information shall be used only for the purposes set forth in
this subdivision.

(g) County Eligibility for State and Federal Financial
Assistance. - Each county which establishes an emergency management agency
pursuant to State standards and which meets requirements for local plans and
programs may be eligible to receive State and federal financial assistance,
including State and federal funding appropriated for emergency management
planning and preparedness, and for the maintenance and operation of a county
emergency management program. Such financial assistance is subject to an
appropriation being made for this purpose. Where the appropriation does not
allocate appropriated funds among counties, the amount allocated to each county
shall be determined annually by the Division. The size of this allocation shall
be based in part on the degree to which local plans and programs meet State
standards and requirements promulgated by the Division, including those
relating to professional competencies of local emergency management personnel.
However, in making an allocation determination, the Division shall, where
appropriate, take into account the fact that a particular county may lack
sufficient resources to meet the standards and requirements promulgated by the
Division. (1951, c. 1016, s. 6; 1953, c. 1099, s. 4;
1957, c. 950, s. 2; 1959, c. 337, s. 5; 1973, c. 620, s. 9; 1975, c. 734, ss.
12, 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509,
ss. 126, 127; 2009-196, s. 2; 2009-225, s. 2; 2012-12, s. 1(b).)

§ 166A-19.16: Reserved for
future codification purposes.

§ 166A-19.17: Reserved for
future codification purposes.

§ 166A-19.18: Reserved for
future codification purposes.

§ 166A-19.19: Reserved for
future codification purposes.

Part 4. Declarations of State of Emergency.

§ 166A-19.20. Gubernatorial or legislative declaration of
state of emergency.

(a) Declaration. - A state of emergency may be
declared by the Governor or by a resolution of the General Assembly, if either
of these finds that an emergency exists.

(b) Emergency Area. - An executive order or resolution
declaring a state of emergency shall include a definition of the area
constituting the emergency area.

(c) Expiration of States of Emergency. - A state of
emergency declared pursuant to this section shall expire when it is rescinded
by the authority that issued it.

(a) Preliminary Damage Assessment. - When a state of
emergency is declared pursuant to G.S. 166A-19.20, the Secretary shall provide
the Governor and the General Assembly with a preliminary damage assessment as
soon as the assessment is available.

(b) Declaration of Disaster. - Upon receipt of a
preliminary damage assessment, the Governor is authorized to issue a disaster
declaration declaring the impact or anticipated impact of the emergency to
constitute a disaster of one of the following types:

(1) Type I disaster. - A Type I disaster may be
declared by the Governor prior to, and independently of, any action taken by
the Small Business Administration, the Federal Emergency Management Agency, or
any other federal agency, if all of the following criteria are met:

a. A local state of emergency has been declared
pursuant to G.S. 166A-19.22 and a written copy of the declaration has been
forwarded to the Governor.

b. The preliminary damage assessment meets or exceeds
the criteria established for the Small Business Administration Disaster Loan
Program pursuant to 13 C.F.R. Part 123 or meets or exceeds the State
infrastructure criteria set out in G.S. 166A-19.41(b)(2)a.

c. A major disaster declaration by the President of
the United States pursuant to the Stafford Act has not been declared.

(2) Type II disaster. - A Type II disaster may be
declared if the President of the United States has issued a major disaster
declaration pursuant to the Stafford Act. The Governor may request federal
disaster assistance under the Stafford Act without making a Type II disaster
declaration.

(3) Type III disaster. - A Type III disaster may be
declared if the President of the United States has issued a major disaster
declaration under the Stafford Act and either of the following is true:

a. The preliminary damage assessment indicates that
the extent of damage is reasonably expected to meet the threshold established
for an increased federal share of disaster assistance under applicable federal
law and regulations.

b. The preliminary damage assessment prompts the
Governor to call a special session of the General Assembly to establish
programs to meet the unmet needs of individuals, businesses, or political
subdivisions affected by the emergency.

(c) Expiration of Disaster Declarations. -

(1) Expiration of Type I disaster declarations. - A
Type I disaster declaration shall expire 60 days after its issuance unless
renewed by the Governor or the General Assembly. Such renewals may be made in
increments of 30 days each, not to exceed a total of 120 days from the date of
first issuance. The Joint Legislative Commission on Governmental Operations
shall be notified prior to the issuance of any renewal of a Type I disaster declaration.

(2) Expiration of Type II disaster declarations. - A
Type II disaster declaration shall expire twelve months after its issuance
unless renewed by the Governor or the General Assembly. Such renewals may be
made in increments of three months each. A Type II disaster declaration and any
renewals of that declaration shall not exceed a total of 24 months. The Joint
Legislative Commission on Governmental Operations shall be notified prior to
the issuance of any renewal of a Type II disaster declaration.

(4) Expiration of disaster declarations declared prior
to July 1, 2001. - Any state of disaster declared or proclaimed before July 1,
2001, irrespective of type, shall terminate by a declaration of the Governor or
resolution of the General Assembly. A declaration or resolution declaring or
terminating a state of disaster shall be disseminated promptly by means
calculated to bring its contents to the attention of the general public and,
unless the circumstances attendant upon the disaster prevent or impede,
promptly filed with the Secretary, the Secretary of State, and the clerks of
superior court in the area to which it applies.

(a) Declaration. - A state of emergency may be
declared by the governing body of a municipality or county, if either of these
finds that an emergency exists. Authority to declare a state of emergency under
this section may also be delegated by ordinance to the mayor of a municipality
or to the chair of the board of county commissioners of a county.

(b) Emergency Area. - The emergency area shall be
determined in accordance with the following:

(1) Unless another subdivision of this subsection is
applicable, the emergency area shall not exceed the area over which the
municipality or county has jurisdiction to enact general police-power
ordinances. The governing body declaring the state of emergency may declare
that the emergency area includes part or all of the governing body's
jurisdiction. Unless the governing body declaring the state of emergency
provides otherwise, the emergency area includes this entire jurisdiction,
subject to the limitations contained in the other subdivisions in this
subsection.

(2) The emergency area of a state of emergency declared
by a county shall not include any area within the corporate limits of any
municipality, or within any area of the county over which a municipality has
jurisdiction to enact general police-power ordinances, unless the
municipality's governing body or mayor consents to or requests the state of
emergency's application. Such an extension may be with respect to one or more
of the prohibitions and restrictions imposed in that county pursuant to the
authority granted in G.S. 166A-19.31 and need not be with respect to all
prohibitions and restrictions authorized by that section.

(3) The board of commissioners or chair of the board of
commissioners of any county who has been requested to do so by a mayor may by
declaration extend the emergency area of a state of emergency declared by a
municipality to any area within the county in which the board or chair
determines it to be necessary to assist in the controlling of the emergency
within the municipality. The extension may be with respect to one or more of
the prohibitions and restrictions imposed in that mayor's municipality pursuant
to the authority granted in G.S. 166A-19.31 and need not be with respect to all
prohibitions and restrictions authorized by that section. Extension of the
emergency area pursuant to this subdivision shall be subject to the following
additional limitations:

a. The extension of the emergency area shall not
include any area within the corporate limits of a municipality, or within any
area of the county over which a municipality has jurisdiction to enact general
police-power ordinances, unless the mayor or governing body of that other
municipality consents to its application.

b. A chair of a board of county commissioners
extending the emergency area under the authority of this subdivision shall take
reasonable steps to give notice of its terms to those likely to be affected.

c. The chair of the board of commissioners shall
declare the termination of any prohibitions and restrictions extended pursuant
to this subdivision upon the earlier of the following:

1. The chair's determination that they are no longer
necessary.

2. The determination of the board of county
commissioners that they are no longer necessary.

3. The termination of the prohibitions and
restrictions within the municipality.

d. The powers authorized under this subdivision may be
exercised whether or not the county has enacted ordinances under the authority
of G.S. 166A-19.31. Exercise of this authority shall not preclude the
imposition of prohibitions and restrictions under any ordinances enacted by the
county under the authority of G.S. 166A-19.31.

(c) Expiration of States of Emergency. - Unless an
ordinance adopted pursuant to G.S. 166A-19.31 provides otherwise, a state of
emergency declared pursuant to this section shall expire when it is terminated
by the official or governing body that declared it.

A declaration issued pursuant to this Article shall trigger
the prohibitions against excessive pricing during states of disaster, states of
emergency, or abnormal market disruptions pursuant to G.S. 75-37 and G.S. 75-38.
(2012-12, s. 1(b).)

§ 166A-19.24: Reserved for
future codification purposes.

§ 166A-19.25: Reserved for
future codification purposes.

§ 166A-19.26: Reserved for
future codification purposes.

§ 166A-19.27: Reserved for
future codification purposes.

§ 166A-19.28: Reserved for
future codification purposes.

§ 166A-19.29: Reserved for
future codification purposes.

Part 5. Additional Powers During States of Emergency.

§ 166A-19.30. Additional powers of the Governor during state
of emergency.

(a) In addition to any other powers conferred upon the
Governor by law, during a gubernatorially or legislatively declared state of
emergency, the Governor shall have the following powers:

(1) To utilize all available State resources as
reasonably necessary to cope with an emergency, including the transfer and
direction of personnel or functions of State agencies or units thereof for the
purpose of performing or facilitating emergency services.

(2) To take such action and give such directions to
State and local law enforcement officers and agencies as may be reasonable and
necessary for the purpose of securing compliance with the provisions of this
Article and with the orders, rules, and regulations made pursuant thereto.

(3) To take steps to assure that measures, including
the installation of public utilities, are taken when necessary to qualify for
temporary housing assistance from the federal government when that assistance
is required to protect the public health, welfare, and safety.

(4) Subject to the provisions of the State Constitution
to relieve any public official having administrative responsibilities under
this Article of such responsibilities for willful failure to obey an order,
rule, or regulation adopted pursuant to this Article.

(5) Through issuance of an executive order to waive
requirements for an environmental document or permit issued under Articles 1,
4, and 7 of Chapter 113A of the General Statutes for the repair, protection,
safety enhancement, or replacement of a component of the State highway system
that provides the sole road access to an incorporated municipality or an
unincorporated inhabited area bordering the Atlantic Ocean or any coastal sound
where bridge or road conditions as a result of the events leading to the
declaration of the state of emergency pose a substantial risk to public health,
safety, or welfare. The executive order shall list the duration of the waiver
and the activities to which the waiver applies. For purposes of this
subdivision, "coastal sound" shall have the definition set forth in
G.S. 113A-103, and "replacement" shall not be interpreted to exclude
a replacement that increases size or capacity or that is located in a different
location than the component that is replaced.

(b) During a gubernatorially or legislatively declared
state of emergency, with the concurrence of the Council of State, the Governor
has the following powers:

(1) To direct and compel the evacuation of all or part
of the population from any stricken or threatened area within the State, to
prescribe routes, modes of transportation, and destinations in connection with
evacuation; and to control ingress and egress of an emergency area, the
movement of persons within the area, and the occupancy of premises therein.

(2) To establish a system of economic controls over all
resources, materials, and services to include food, clothing, shelter, fuel,
rents, and wages, including the administration and enforcement of any
rationing, price freezing, or similar federal order or regulation.

(3) To regulate and control the flow of vehicular and
pedestrian traffic, the congregation of persons in public places or buildings,
lights and noises of all kinds, and the maintenance, extension, and operation
of public utility and transportation services and facilities.

(4) To waive a provision of any regulation or ordinance
of a State agency or a political subdivision which restricts the immediate
relief of human suffering.

(5) To perform and exercise such other functions,
powers, and duties as are necessary to promote and secure the safety and
protection of the civilian population.

(6) To appoint or remove an executive head of any State
agency or institution, the executive head of which is regularly selected by a
State board or commission.

a. Such an acting executive head will serve during the
following:

1. The physical or mental incapacity of the regular
office holder, as determined by the Governor after such inquiry as the Governor
deems appropriate.

2. The continued absence of the regular holder of the
office.

3. A vacancy in the office pending selection of a new
executive head.

b. An acting executive head of a State agency or
institution appointed in accordance with this subdivision may perform any act
and exercise any power which a regularly selected holder of such office could
lawfully perform and exercise.

c. All powers granted to an acting executive head of a
State agency or institution under this section shall expire immediately:

1. Upon the termination of the incapacity as
determined by the Governor of the officer in whose stead the Governor acts;

2. Upon the return of the officer in whose stead the
Governor acts; or

3. Upon the selection and qualification of a person to
serve for the unexpired term, or the selection of an acting executive head of
the agency or institution by the board or commission authorized to make such
selection, and the person's qualification.

(7) To procure, by purchase, condemnation, seizure, or
by other means to construct, lease, transport, store, maintain, renovate, or
distribute materials and facilities for emergency management without regard to
the limitation of any existing law.

(c) In addition to any other powers conferred upon the
Governor by law, during a gubernatorially or legislatively declared state of
emergency, if the Governor determines that local control of the emergency is
insufficient to assure adequate protection for lives and property because (i)
needed control cannot be imposed locally because local authorities responsible
for preservation of the public peace have not enacted appropriate ordinances or
issued appropriate declarations as authorized by G.S. 166A-19.31; (ii) local
authorities have not taken implementing steps under such ordinances or
declarations, if enacted or declared, for effectual control of the emergency
that has arisen; (iii) the area in which the emergency exists has spread across
local jurisdictional boundaries, and the legal control measures of the
jurisdictions are conflicting or uncoordinated to the extent that efforts to
protect life and property are, or unquestionably will be, severely hampered; or
(iv) the scale of the emergency is so great that it exceeds the capability of
local authorities to cope with it, the Governor has the following powers:

(1) To impose by declaration prohibitions and restrictions
in the emergency area. These prohibitions and restrictions may, in the
Governor's discretion, as appropriate to deal with the emergency, impose any of
the types of prohibitions and restrictions enumerated in G.S. 166A-19.31(b),
and may amend or rescind any prohibitions and restrictions imposed by local
authorities. Prohibitions and restrictions imposed pursuant to this subdivision
shall take effect in accordance with the provisions of G.S. 166A-19.31(d) and
shall expire upon the earliest occurrence of either of the following: (i) the
prohibition or restriction is terminated by the Governor or (ii) the state of
emergency is terminated.

(2) Give to all participating State and local agencies
and officers such directions as may be necessary to assure coordination among
them. These directions may include the designation of the officer or agency
responsible for directing and controlling the participation of all public
agencies and officers in the emergency. The Governor may make this designation
in any manner which, in the Governor's discretion, seems most likely to be
effective. Any law enforcement officer participating in the control of a state
of emergency in which the Governor is exercising control under this section
shall have the same power and authority as a sheriff throughout the territory
to which the law enforcement officer is assigned.

§ 166A-19.31. Power of municipalities and counties to enact
ordinances to deal with states of emergency.

(a) Authority to Enact Prohibitions and Restrictions. -
The governing body of any municipality or county may enact ordinances designed
to permit the imposition of prohibitions and restrictions within the emergency
area during a state of emergency declared pursuant to G.S. 166A-19.22.
Authority to impose by declaration prohibitions and restrictions under this
section, and to impose those prohibitions and restrictions at a particular time
as appropriate, may be delegated by ordinance to the mayor of a municipality or
to the chair of the board of county commissioners of a county.

(b) Type of Prohibitions and Restrictions Authorized. -
The ordinances authorized by this section may permit prohibitions and
restrictions:

(1) Of movements of people in public places, including
imposing a curfew; directing and compelling the voluntary or mandatory
evacuation of all or part of the population from any stricken or threatened
area within the governing body's jurisdiction; prescribing routes, modes of
transportation, and destinations in connection with evacuation; and controlling
ingress and egress of an emergency area, and the movement of persons within the
area.

(2) Of the operation of offices, business establishments,
and other places to or from which people may travel or at which they may
congregate.

(3) Upon the possession, transportation, sale,
purchase, and consumption of alcoholic beverages.

(4) Upon the possession, transportation, sale,
purchase, storage, and use of gasoline, and dangerous weapons and substances,
except that this subdivision does not authorize prohibitions or restrictions on
lawfully possessed firearms or ammunition. As used in this subdivision, the
term "dangerous weapons and substances" has the same meaning as it
does under G.S. 14-288.1. As used in this subdivision, the term
"firearm" has the same meaning as it does under G.S. 14-409.39(2).

(5) Upon other activities or conditions the control of
which may be reasonably necessary to maintain order and protect lives or
property during the state of emergency.

The ordinances authorized by this section need not require or
provide for the imposition of all of the types of prohibitions or restrictions,
or any particular prohibition or restriction, authorized by this section during
an emergency but may instead authorize the official or officials who impose
those prohibitions or restrictions to determine and impose the prohibitions or
restrictions deemed necessary or suitable to a particular state of emergency.

(c) When Ordinances Take Effect. - Notwithstanding any
other provision of law, whether general or special, relating to the
promulgation or publication of ordinances by any municipality or county, upon
the declaration of a state of emergency by the mayor or chair of the board of
county commissioners within the municipality or the county, any ordinance
enacted under the authority of this section shall take effect immediately
unless the ordinance sets a later time. If the effect of this section is to
cause an ordinance to go into effect sooner than it otherwise could under the
law applicable to the municipality or county, the mayor or chair of the board
of county commissioners, as the case may be, shall take steps to cause reports
of the substance of the ordinance to be disseminated in a fashion that its
substance will likely be communicated to the public in general, or to those who
may be particularly affected by the ordinance if it does not affect the public
generally. As soon as practicable thereafter, appropriate distribution or
publication of the full text of any such ordinance shall be made.

(d) When Prohibitions and Restrictions Take Effect. -
All prohibitions and restrictions imposed by declaration pursuant to ordinances
adopted under this section shall take effect in the emergency area immediately
upon publication of the declaration unless the declaration sets a later time.
For the purpose of requiring compliance, publication may consist of reports of
the substance of the prohibitions and restrictions in the mass communications
media serving the emergency area or other effective methods of disseminating
the necessary information quickly. As soon as practicable, however, appropriate
distribution of the full text of any declaration shall be made. This subsection
shall not be governed by the provisions of G.S. 1-597.

(e) Expiration of Prohibitions and Restrictions. -
Prohibitions and restrictions imposed pursuant to this section shall expire
upon the earliest occurrence of any of the following:

(1) The prohibition or restriction is terminated by the
official or entity that imposed the prohibition or restriction.

(2) The state of emergency terminates.

(f) Intent to Supplement Other Authority. - This
section is intended to supplement and confirm the powers conferred by G.S. 153A-121(a),
G.S. 160A-174(a), and all other general and local laws authorizing
municipalities and counties to enact ordinances for the protection of the
public health and safety in times of riot or other grave civil disturbance or
emergency.

(g) Previously Enacted Ordinances Remain in Effect. -
Any ordinance of a type authorized by this section promulgated prior to October
1, 2012, if otherwise valid, continue in full force and effect without
reenactment.

(c) Use of Other Funds. - The Governor may reallocate
such other funds as may reasonably be available within the appropriations of
the various departments when all of the following conditions are satisfied:

(1) The severity and magnitude of the emergency so
requires.

(2) Contingency and emergency funds are insufficient or
inappropriate.

(3) A state of emergency has been declared pursuant to
G.S. 166A-19.20(a).

(a) Governor May Make Funds Available for Emergency
Assistance. - In the event of a gubernatorially or legislatively declared state
of emergency, the Governor may make State funds available for emergency
assistance as authorized by this section. Any State funds made available by the
Governor for emergency assistance may be administered through State emergency
assistance programs which may be established by the Governor upon the
declaration of a state of emergency. It is the intent of the General Assembly
in authorizing the Governor to make State funds available for emergency
assistance and in authorizing the Governor to establish State emergency
assistance programs to provide State assistance for recovery from those
emergencies for which federal assistance under the Stafford Act is either not
available or does not adequately meet the needs of the citizens of the State in
the emergency area.

(b) Emergency Assistance in a Type I Disaster. - In
the event that a Type I disaster is declared, the Governor may make State funds
available for emergency assistance in the emergency area in the form of
individual assistance and public assistance as provided in this subsection.

(1) Individual assistance. - State emergency assistance
in the form of grants to individuals and families may be made available when
damage meets or exceeds the criteria set out in 13 C.F.R. Part 123 for the
Small Business Administration Disaster Loan Program. Individual assistance
grants shall include benefits comparable to those provided by the Stafford Act
and may be provided for the following:

a. Provision of temporary housing and rental
assistance.

b. Repair or replacement of dwellings. Grants for
repair or replacement of housing may include amounts necessary to locate the
individual or family in safe, decent, and sanitary housing.

g. Funding for the cost of the first year's flood
insurance premium to meet the requirements of the National Flood Insurance Act
of 1968, as amended, 42 U.S.C. § 4001, et seq.

(2) Public assistance. - State emergency assistance in
the form of public assistance grants may be made available to eligible entities
located within the emergency area on the following terms and conditions:

2. The eligible entity suffers uninsurable losses in
an amount equal to or exceeding one percent (1%) of the annual operating
budget.

3. For a state of emergency declared pursuant to G.S.
166A-19.20(a) after the deadline established by the Federal Emergency Management
Agency pursuant to the Disaster Mitigation Act of 2002, P.L. 106-390, the
eligible entity shall have a hazard mitigation plan approved pursuant to the
Stafford Act.

4. For a state of emergency declared pursuant to G.S.
166A-19.20(a), after August 1, 2002, the eligible entity shall be participating
in the National Flood Insurance Program in order to receive public assistance
for flooding damage.

b. Eligible entities shall be required to provide non-State
matching funds equal to twenty-five percent (25%) of the eligible costs of the
public assistance grant.

c. An eligible entity that receives a public
assistance grant pursuant to this subsection may use the grant for the
following purposes only:

1. Debris clearance.

2. Emergency protective measures.

3. Roads and bridges.

4. Crisis counseling.

5. Assistance with public transportation needs.

(c) Emergency Assistance in a Type II Disaster. - If a
Type II disaster is declared, the Governor may make State funds available for
emergency assistance in the emergency area in the form of the following types
of grants:

(1) State Acquisition and Relocation Funds.

(2) Supplemental repair and replacement housing grants
available to individuals or families in an amount necessary to locate the
individual or family in safe, decent, and sanitary housing, not to exceed
twenty-five thousand dollars ($25,000) per family.

(d) Emergency Assistance in a Type III Disaster. - If a
Type III disaster is declared, the Governor may make State funds available for
emergency assistance in the emergency area in the form of the following types
of grants:

(1) State Acquisition and Relocation Funds.

(2) Supplemental repair and replacement housing grants
available to individuals or families in an amount necessary to locate the
individual or family in safe, decent, and sanitary housing, not to exceed
twenty-five thousand dollars ($25,000) per family.

(a) Account Established. - There is established a
State Emergency Response and Disaster Relief Fund as a reserve in the General
Fund. Any funds appropriated to the Fund shall remain available for expenditure
as provided by this section, unless directed otherwise by the General Assembly.

(b) Use of Funds. - The Governor may spend funds from
the Fund for the following purposes:

(1) To cover the start-up costs of State Emergency Response
Team operations for an emergency that poses an imminent threat of a Type I,
Type II, or Type III disaster.

(2) To cover the cost of first responders to a Type I,
Type II, or Type III disaster and any related supplies and equipment needed by
first responders that are not provided for under subdivision (1) of this
subsection.

(3) To provide relief and assistance in accordance with
G.S. 166A-19.41 from the effects of an emergency.

(c) Reporting Requirement. - The Governor shall report
to the Joint Legislative Commission on Governmental Operations and to the
Chairs of the Appropriations Committees of the Senate and House of
Representatives on any expenditures from the State Emergency Response and
Disaster Relief Fund no later than 30 days after making the expenditure. The
report shall include a description of the emergency and type of action taken. (2006-66, s. 6.5(b); 2012-12, s. 1(b); 2015-241, s.
6.19(b).)

§ 166A-19.43: Reserved for
future codification purposes.

§ 166A-19.44: Reserved for
future codification purposes.

§ 166A-19.45: Reserved for
future codification purposes.

§ 166A-19.46: Reserved for
future codification purposes.

§ 166A-19.47: Reserved for
future codification purposes.

§ 166A-19.48: Reserved for
future codification purposes.

§ 166A-19.49: Reserved for
future codification purposes.

§ 166A-19.50: Reserved for
future codification purposes.

§ 166A-19.51: Reserved for
future codification purposes.

§ 166A-19.52: Reserved for
future codification purposes.

§ 166A-19.53: Reserved for
future codification purposes.

§ 166A-19.54: Reserved for
future codification purposes.

§ 166A-19.55: Reserved for
future codification purposes.

§ 166A-19.56: Reserved for
future codification purposes.

§ 166A-19.57: Reserved for
future codification purposes.

§ 166A-19.58: Reserved for
future codification purposes.

§ 166A-19.59: Reserved for
future codification purposes.

Part 7. Immunity and Liability.

§ 166A-19.60. Immunity and exemption.

(a) Generally. - All functions hereunder and all other
activities relating to emergency management as provided for in this Chapter or
elsewhere in the General Statutes are hereby declared to be governmental
functions. Neither the State nor any political subdivision thereof, nor, except
in cases of willful misconduct, gross negligence, or bad faith, any emergency
management worker, firm, partnership, association, or corporation complying
with or reasonably attempting to comply with this Article or any order, rule,
or regulation promulgated pursuant to the provisions of this Article or
pursuant to any ordinance relating to any emergency management measures enacted
by any political subdivision of the State, shall be liable for the death of or
injury to persons, or for damage to property as a result of any such activity.

(b) Immunity. - The immunity provided to firms,
partnerships, associations, or corporations, under subsection (a) of this
section, is subject to all of the following conditions:

(1) The immunity applies only when the firm,
partnership, association, or corporation is acting without compensation or with
compensation limited to no more than actual expenses and one of the following
applies:

a. Emergency management services are provided at any
place in this State during a state of emergency declared by the Governor or
General Assembly pursuant to this Article, and the services are provided under
the direction and control of the Secretary pursuant to G.S. 166A-19.10, 166A-19.11,
166A-19.12, 166A-19.20, 166A-19.30, and 143B-602, or the Governor.

b. Emergency management services are provided during a
state of emergency declared pursuant to G.S. 166A-19.22, and the services are
provided under the direction and control of the governing body of a
municipality or county under G.S. 166A-19.31, or the chair of a board of county
commissioners under G.S. 166A-19.22(b)(3).

c. The firm, partnership, association, or corporation
is engaged in planning, preparation, training, or exercises with the Division,
the Division of Public Health, or the governing body of each county or
municipality under G.S. 166A-19.15 related to the performance of emergency
management services or measures.

(2) The immunity shall not apply to any firm,
partnership, association, or corporation, or to any employee or agent thereof,
whose act or omission caused in whole or in part the actual or imminent
emergency or whose act or omission necessitated emergency management measures.

(3) To the extent that any firm, partnership,
association, or corporation has liability insurance, that firm, partnership,
association, or corporation shall be deemed to have waived the immunity to the
extent of the indemnification by insurance for its negligence. An insurer shall
not under a contract of insurance exclude from liability coverage the acts or
omissions of a firm, partnership, association, or corporation for which the
firm, partnership, association, or corporation would only be liable to the
extent indemnified by insurance as provided by this subdivision.

(c) No Effect on Benefits. - The rights of any person
to receive benefits to which the person would otherwise be entitled under this
Article or under the Workers' Compensation Law or under any pension law and the
right of any such person to receive any benefits or compensation under any act
of Congress shall not be affected by performance of emergency management
functions.

(d) License Requirements Suspended. - Any requirement
for a license to practice any professional, mechanical, or other skill shall
not apply to any authorized emergency management worker who shall, in the
course of performing the worker's duties as such, practice such professional,
mechanical, or other skill during a state of emergency.

(e) Definition of Emergency Management Worker. - As
used in this section, the term "emergency management worker" shall
include any full or part-time paid, volunteer, or auxiliary employee of this
State or other states, territories, possessions, or the District of Columbia,
of the federal government or any neighboring country or of any political
subdivision thereof, or of any agency or organization performing emergency
management services at any place in this State, subject to the order or control
of or pursuant to a request of the State government or any political
subdivision thereof. The term "emergency management worker" under
this section shall also include any health care worker performing health care
services as a member of a hospital-based or county-based State Medical
Assistance Team designated by the North Carolina Office of Emergency Medical
Services and any person performing emergency health care services under G.S. 90-12.2.

Any person, firm, or corporation, together with any
successors in interest, if any, owning or controlling real or personal property
who, voluntarily or involuntarily, knowingly or unknowingly, with or without
compensation, grants a license or privilege or otherwise permits or allows the
designation or use of the whole or any part or parts of such real or personal
property for the purpose of activities or functions relating to emergency management
as provided for in this Chapter or elsewhere in the General Statutes shall not
be civilly liable for the death of or injury to any person or the loss of or
damage to the property of any persons where such death, injury, loss, or damage
resulted from, through, or because of the use of the said real or personal
property for any of the above purposes, provided that the use of said property
is subject to the order or control of or pursuant to a request of the State
government or any political subdivision thereof. (1957,
c. 950, s. 3; 1977, c. 848, s. 2; 2012-12, s. 1(b); 2012-90, s. 9.)

§ 166A-19.62. Civil liability of persons who willfully
ignore a warning in an emergency.

In an emergency, a person who willfully ignores a warning
regarding personal safety issued by a federal, State, or local law enforcement
agency, emergency management agency, or other governmental agency responsible
for emergency management under this Article is civilly liable for the cost of a
rescue effort to any governmental agency or nonprofit agency cooperating with a
governmental agency conducting a rescue on the endangered person's behalf if
all of the following are true:

(1) The person ignores the warning and (i) engages in
an activity or course of action that a reasonable person would not pursue or
(ii) fails to take a course of action that a reasonable person would pursue.

(2) As a result of ignoring the warning, the person
places himself or herself or another in danger.

(a) Executive Order. - In addition to any other powers
conferred on the Governor by law, whenever a curfew has been imposed, the
Governor may declare by executive order that the health, safety, or economic
well-being of persons or property in this State require that persons
transporting essentials in commerce to the curfew area, or assisting in
ensuring their availability, and persons assisting in restoring utility
services, be allowed to enter or remain in areas from which they would
otherwise be excluded for the limited purpose of delivering the essentials,
assisting in ensuring their availability, or assisting in restoring utility
services.

(b) Maximum Hours of Service Waiver. - As part of an
executive order issued pursuant to subsection (a) of this section, or
independently of such an order, the Governor may declare by executive order that
the health, safety, or economic well-being of persons or property in this State
require that the maximum hours of service prescribed by the Department of
Public Safety pursuant to G.S. 20-381 and similar rules be waived for persons
transporting essentials or assisting in the restoration of utility services.

(c) Certification System. - The Secretary shall
develop a system pursuant to which a person who transports essentials in
commerce, or assists in ensuring their availability, and persons who assist in
the restoring of utility services can be certified as such. The certification
system shall allow for both preemergency declaration and postemergency
declaration certification and may include an annually renewable
precertification. The Secretary shall only allow those who routinely transport
or distribute essentials or assist in the restoring of utility services to be
certified. A certification of the employer shall constitute a certification of
the employer's employees. The Secretary shall create an easily recognizable
indicium of certification in order to assist local officials' efforts to
determine which persons have received certification by the system established
under this subsection.

(d) Presence in Curfew Area Permitted. -
Notwithstanding the existence of any curfew, a person who is certified pursuant
to the system established under subsection (c) of this section shall be allowed
to enter or remain in the curfew area for the limited purpose of delivering or
assisting in the distribution of essentials or assisting in the restoration of
utility services and shall be allowed to provide service that exceeds otherwise
applicable hours of service maximums, to the extent authorized by an executive
order executed pursuant to subsection (a) of this section. Nothing in this
section prohibits law enforcement or other local officials from specifying the
permissible route of ingress or egress for persons with certifications.

(e) Abnormal Market Disruptions with Respect to
Petroleum. - If the Governor declares the existence of an abnormal market
disruption with respect to petroleum pursuant to G.S. 75-38(f), the Governor
shall contemporaneously seek all applicable waivers under the federal Clean Air
Act, 42 U.S.C. § 7401, et seq., and any other applicable federal law to
facilitate the transportation of fuel within this State in order to address or
prevent a fuel supply emergency in this State. Waiver requests shall be
directed to the appropriate federal agencies and shall seek waivers of the
following:

(1) The Reformulated Gasoline requirements throughout
the State.

(2) The Federal and State Implementation Plan
summertime gasoline requirements (low RVP) throughout the State.

(3) Any other waiver that will, if obtained, facilitate
the transportation of fuel within this State.

(f) Definitions. - The following definitions apply in
this section:

(1) Curfew. - Any restriction on ingress and egress to
the emergency area of a state of emergency or any restriction on the movement
of persons within such an area.

(2) Curfew area. - The area that is subject to a
curfew.

(3) Essentials. - Any goods that are consumed or used
as a direct result of an emergency or which are consumed or used to preserve,
protect, or sustain life, health, safety, or economic well-being of persons or
their property. The Secretary shall determine what goods constitute essentials
for purposes of this section.

(g) Upon the recommendation of the Commissioner of
Agriculture it shall be lawful for the Governor, by an executive order issued
pursuant to G.S. 166A-19.20 or independently of such an order, to direct the
Department of Public Safety to temporarily suspend weighing, pursuant to G.S.
20-118.1, those vehicles used to transport livestock, poultry, or crops from
designated counties in an emergency area as defined in G.S. 166A-19.3(7), or
counties designated by the Governor in an executive order issued independently
of an order pursuant to G.S. 166A-19.20, if there exists an imminent threat of
severe economic loss of livestock or poultry or widespread or severe damage to
crops ready to be harvested. The Department of Public Safety shall develop
procedures to carry out the provisions of this subsection. This subsection
shall not be construed to permit the gross weight of any vehicle or combination
in excess of the safe load carrying capacity established by the Department of
Transportation on any bridge pursuant to G.S. 136-72, or to permit the
operation of a vehicle when a law enforcement officer has probable cause to
believe the vehicle is creating an imminent hazard to public safety. A
suspension authorized pursuant to the provisions of this subsection shall end
when the Governor determines the threat of widespread or severe loss or damage
in the designated counties has passed. (2001-214, s.
4; 2001-487, s. 98; 2002-24, s. 1; 2002-159, s. 57.5; 2006-66, s. 6.5(a); 2012-12,
s. 1(b); 2013-230, s. 1.)

§ 166A-19.71. Accept services, gifts, grants, and loans.

Whenever the federal government or any agency or officer
thereof or of any person, firm, or corporation shall offer to the State, or
through the State to any political subdivision thereof, services, equipment,
supplies, materials, or funds by way of gift, grant, or loan, for emergency
management purposes, the State acting through the Governor, or such political
subdivision, acting with the consent of the Governor and through its governing
body, may accept such offer. Upon such acceptance the Governor of the State or
governing body of such political subdivision may authorize any officer of the
State or of the political subdivision, as the case may be, to receive such
services, equipment, supplies, materials, or funds on behalf of the State or of
such political subdivision, and subject to the terms of the offer and the rules
and regulations, if any, of the agency making the offer. (1951, c. 1016, s. 8; 1973, c. 803, s. 45; 1975, c. 19, s.
72; c. 734, ss. 13, 14; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2;
2012-12, s. 1(b).)

§ 166A-19.72. Establishment of mutual aid agreements.

(a) Governor Authorized to Enter Agreements with Other
States and Federal Government. - The Governor may establish mutual aid
agreements with other states and with the federal government provided that any
special agreements so negotiated are within the Governor's authority.

(b) Governor Authorized to Enter Agreements with
Political Subdivisions. - The Governor may establish mutual aid agreements with
political subdivisions in the State with the concurrence of the subdivision's
governing body.

(c) Political Subdivisions Authorized to Enter
Agreements with Other Political Subdivisions. - The chief executive of each
political subdivision, with the concurrence of the subdivision's governing
body, may develop mutual aid agreements for reciprocal emergency management aid
and assistance. Such agreements shall be consistent with the State emergency
management program and plans.

(d) Political Subdivisions Authorized to Enter
Agreements with Political Subdivisions in Other States. - The chief executive
officer of each political subdivision, with the concurrence of the governing
body and subject to the approval of the Governor, may enter into mutual aid
agreements with local chief executive officers in other states for reciprocal
emergency management aid and assistance. These agreements shall be consistent
with the State emergency management program and plans.

(a) Extent of Compensation. - Compensation for
services or for the taking or use of property shall be only to the extent that
legal obligations of individual citizens are exceeded in a particular case and
then only to the extent that the claimant has not been deemed to have
volunteered his services or property without compensation.

(b) Limitation; Basis of Compensation. - Compensation
for property shall be only if the property was commandeered, seized, taken,
condemned, or otherwise used in coping with an emergency and this action was
ordered by the Governor. The State shall make compensation for the property so
seized, taken, or condemned on the following basis:

(1) In case property is taken for temporary use, the
Governor, within 30 days of the taking, shall fix the amount of compensation to
be paid for such damage or failure to return. Whenever the Governor shall deem
it advisable for the State to take title to property taken under this section,
the Governor shall forthwith cause the owner of such property to be notified
thereof in writing by registered mail, postage prepaid, or by the best means
available, and forthwith cause to be filed a copy of said notice with the
Secretary of State.

(2) If the person entitled to receive the amounts so
determined by the Governor as just compensation is unwilling to accept the same
as full and complete compensation for such property or the use thereof, the
person shall be paid seventy-five percent (75%) of such amount and shall be
entitled to recover from the State of North Carolina in an action brought in
the superior court in the county of residence of claimant, or in Wake County,
in the same manner as other condemnation claims are brought, within three years
after the date of the Governor's award. (1977, c.
848, s. 2; 2012-12, s. 1(b).)

§ 166A-19.74. Nondiscrimination in emergency management.

State and local governmental bodies and other organizations
and personnel who carry out emergency management functions under the provisions
of this Article are required to do so in an equitable and impartial manner.
Such State and local governmental bodies, organizations, and personnel shall
not discriminate on the grounds of race, color, religion, nationality, sex, age,
or economic status in the distribution of supplies, the processing of
applications, and other relief and assistance activities. (1975, c. 734, s. 3; 1977, c. 848, s. 2; 1979, 2nd Sess.,
c. 1310, s. 2; 1995, c. 509, s. 128; 2012-12, s. 1(b).)

§ 166A-19.75. Emergency management personnel.

(a) Limitation. - No person shall be employed or
associated in any capacity in any emergency management agency established under
this Article if that person does or has done any of the following:

(1) Advocates or has advocated a change by force or
violence in the constitutional form of the Government of the United States or
in this State.

(2) Advocates or has advocated the overthrow of any
government in the United States by force or violence.

(3) Has been convicted of any subversive act against
the United States.

(4) Is under indictment or information charging any
subversive act against the United States.

(5) Has ever been a member of the Communist Party.

(b) Oath. - Each person who is appointed to serve in
any emergency management agency shall, before entering upon the person's
duties, take a written oath before a person authorized to administer oaths in
this State, which oath shall be substantially as follows:

"I, ________, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution
of the State of North Carolina, against all enemies, foreign and domestic; and
that I will bear true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose of evasion; and
that I will well and faithfully discharge the duties upon which I am about to
enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor
have I ever knowingly been, a member of any political party or organization
that advocates the overthrow of the Government of the United States or of this
State by force or violence; and that during such time as I am a member of the
State Emergency Management Agency I will not advocate nor become a member of
any political party or organization that advocates the overthrow of the
Government of the United States or of this State by force or violence, so help
me God."

(a) Leave Without Pay. - A member of a volunteer fire
department, rescue squad, or emergency medical services agency called into
service of the State after a declaration of a state of emergency by the
Governor or by the General Assembly, or upon the activation of the State
Emergency Response Team in response to an emergency, shall have the right to
take leave without pay from his or her civilian employment. No member of a
volunteer fire department, rescue squad, or emergency medical services agency
shall be forced to use or exhaust his or her vacation or other accrued leave
from his or her civilian employment for a period of active service. The choice
of leave shall be solely within the discretion of the member.

(b) Request in Writing Required. - For the volunteer
member to be entitled to take leave without pay pursuant to this section, his
or her services shall be requested in writing by the Director of the Division
or by the head of a local emergency management agency. The request shall be
directed to the Chief of the member's volunteer fire department, rescue squad,
or emergency medical services agency, and a copy shall be provided to the
member's employer. This section shall not apply to those members whose services
have been certified by their employer to the Director of the Division, or to
the head of a local emergency management agency, as essential to the employer's
own ongoing emergency relief activities.

(c) Definition of an Emergency Requiring Activation of
the State Emergency Response Team. - For purposes of this section, an emergency
requiring the activation of the State Emergency Response Team means an
emergency at Activation Level 2 or greater according to the North Carolina
State Emergency Operations Plan of November 2002. Activation Level 2 requires
the State Emergency Operations Center to be fully activated with 24-hour
staffing from all State Emergency Response Team members.

(d) Enforcement. - The Commissioner of Labor shall
enforce the provisions of this section pursuant to Chapter 95 of the General
Statutes. (2003-103, s. 1; 2012-12, s. 1(b).)

The North Carolina Forest Service of the Department of
Agriculture and Consumer Services is designated an emergency response agency of
the State of North Carolina for purposes of the following:

(1) Supporting the North Carolina Forest Service in
responding to all-risk incidents.

(2) Receipt of any applicable State or federal funding.

(3) Training of other State and local agencies in
emergency management.

(4) Any other emergency response roles for which the North
Carolina Forest Service has special training or qualifications. (2005-128, s. 1; 2011-145, ss. 13.25(ww), 19.1(g); 2012-12,
s. 1(b); 2013-155, s. 24.)

§ 166A-19.77A. Agricultural Emergency Response Teams
authorized.

The Department of Agriculture and Consumer Services is
designated as an emergency response agency for purposes of the following:

(1) Deploying Agricultural Emergency Response Teams, as
that term is defined in G.S. 106-1042, to respond to agriculture-related
incidents.

(2) Receipt of any applicable State or federal funding.

(3) Training of other State and local agencies in
agricultural emergency response.

(4) Any other emergency response roles for which
Agricultural Emergency Response Teams have special training or qualifications. (2016-113, s. 2(b).)

§ 166A-19.78. Governor's power to order evacuation of public
building.

When it is determined by the Governor that a great public
crisis, disaster, riot, catastrophe, or any other similar public emergency exists,
or the occurrence of any such condition is imminent, and, in the Governor's
opinion it is necessary to evacuate any building owned or controlled by any
department, agency, institution, school, college, board, division, commission,
or subdivision of the State in order to maintain public order and safety or to
afford adequate protection for lives or property, the Governor is hereby
authorized to issue an order of evacuation directing all persons within the
building to leave the building and its premises forthwith. The order shall be
delivered to any law enforcement officer or officer of the National Guard, and
such officer shall, by a suitable public address system, read the order to the
occupants of the building and demand that the occupants forthwith evacuate said
building within the time specified in the Governor's order. (1969, c. 1129; 1993, c. 539, s. 198; 1994, Ex. Sess., c.
24, s. 14(c); 2009-281, s. 1; 2012-12, s. 1(b).)

§ 166A-19.79. Severability.

If any provision of this Article or the application thereof
to any person or circumstances is held invalid, the invalidity does not affect
other provisions or applications of the Article which can be given effect
without the invalid provision or application, and to this end the provisions of
this Article are severable. (1977, c. 848, s. 2;
1995, c. 509, s. 132; 2012-12, s. 1(b).)

Article 2.

Hazardous Materials Emergency Response.

§ 166A-20. Title, purpose.

(a) This Article may be cited as the "North
Carolina Hazardous Materials Emergency Response Act."

(b) The purpose of this Article is to establish a
system of regional response to hazardous materials emergencies and terrorist
incidents in the State to protect the health and safety of its citizens. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s.
21(a).)

(4) Hazardous materials emergency response team or
hazmat team. - An organized group of persons specially trained and equipped to
respond to and control actual or potential leaks or spills of hazardous
materials.

(5) Hazardous materials incident or hazardous materials
emergency. - An uncontrolled release or threatened release of a hazardous
substance requiring outside assistance by a local fire department or hazmat
team to contain and control.

(6) Regional response team. - A hazmat team under
contract with the State to provide response to hazardous materials emergencies
occurring outside the hazmat team's local jurisdiction at the direction of the
Department of Public Safety, Division of Emergency Management.

(7) Secretary. - The Secretary of the Department of
Public Safety.

(8) Technician-level entry capability. - The capacity
of a hazmat team, in terms of training and equipment as specified in 29 Code of
Federal Regulations § 1910.120, to respond to a hazardous materials incident
requiring affirmative measures, such as patching, plugging, or other action
necessary to stop and contain the release of a hazardous substance at its
source.

(9) Terrorist incident. - Activities that occur within
the territorial jurisdiction of the United States, involve acts dangerous to
human life that are a violation of the criminal laws of the United States or of
any state, and are intended to do one of the following:

(a) The Secretary shall adopt rules establishing a
regional response program for hazardous materials emergencies and terrorist incidents,
to be administered by the Division of Emergency Management. To the extent
possible, the regional response program shall be coordinated with other
emergency planning activities of the State. The regional response program shall
include at least seven hazmat teams located strategically across the State that
are available to provide regional response to hazardous materials or terrorist
incidents requiring technician-level entry capability and 24-hour dispatch and
communications capability at the Division of Emergency Management Operations
Center. The rules for the program shall include:

(1) Standards, including training, equipment, and
personnel standards required to operate a regional response team with
technician-level entry capability.

(2) Guidelines for the dispatch of a regional response
team to a hazardous materials or terrorist incident.

(3) Guidelines for the on-site operations of a regional
response team.

(4) Standards for administration of a regional response
team, including procedures for reimbursement of response costs.

(5) Refresher and specialist training for members of
regional response teams.

(6) Procedures for recovering the costs of a response
to a hazardous materials or terrorist incident from persons determined to be
responsible for the emergency.

(7) Procedures for bidding and contracting for the
provision of a hazmat team for the regional response program.

(8) Criteria for evaluating bids for the provision of a
hazmat team for regional response.

(9) Delineation of the roles of the regional response
team, local fire department and local public safety personnel, the Division of
Emergency Management's area coordinator, and other State agency personnel
responding to the scene of a hazardous materials or terrorist incident.

(a) The Secretary may contract with any unit or units
of local government for the provision of a regional response team to implement
the regional response program. Contracts are to be let consistent with the
bidding and contract standards and procedures adopted pursuant to G.S. 166A-22(a)(7)
and (8). In entering into contracts with units of local government, the
Secretary may agree to provide:

(1) A loan of equipment, including a hazmat vehicle,
necessary for the provision technician-level entry capability;

(2) Reimbursement of personnel costs when a regional
response team is authorized by the Department to respond to a hazmat or
terrorist incident, including the cost of call-back personnel;

(3) Reimbursement for use of equipment and vehicles
owned by the regional response team;

(4) Replacement of disposable materials and damaged
equipment;

(5) Costs of medical surveillance for members of the
regional response team, including baseline, maintenance, and exit physicals;

(6) Training expenses; and

(7) Other provisions agreed to by the Secretary and the
regional response team.

(b) The Secretary shall not agree to provide
reimbursement for:

(1) Costs of clean-up activities, after a spill or leak
has been contained;

(2) Local response not requiring technician-level entry
capability; or

(3) Standby time.

(c) Any contract entered into between the Secretary
and a unit of local government for the provision of a regional response team
shall specify that the members of the regional response team, when performing
their duties under the contract, shall not be employees of the State and shall
not be entitled to benefits under the Teachers' and State Employees' Retirement
System or for the payment by the State of federal social security, employment
insurance, or workers' compensation.

(d) Regional response teams that have the use of a
State hazmat vehicle may use the vehicle for local purposes. Where a State
vehicle is used for purposes other than authorized regional response to a
hazardous materials or terrorist incident, the regional response team shall be
liable for repairs or replacements directly attributable to the nonauthorized
response. (1993 (Reg. Sess., 1994), c. 769, s.
22.4(b); 2002-179, s. 21(d).)

§ 166A-24. Immunity of Regional Response Team Personnel.

Members of a regional response team shall be protected from
liability under the provisions of G.S. 166A-19.60(a) while responding to a
hazardous materials or terrorist incident pursuant to authorization from the
Division of Emergency Management. (1993 (Reg. Sess.,
1994), c. 769, s. 22.4(b); 2002-179, s. 21(e); 2012-12, s. 2(y).)

§ 166A-25. Right of entry.

A regional response team, when authorized to respond to a
release or threatened release of hazardous materials or when authorized to
respond to a terrorist or threatened or imminent terrorist incident, may enter
onto any private or public property on which the release or terrorist incident
has occurred or on which there is an imminent threat of such release or
terrorist incident. A regional response team may also enter, under such
circumstances, any adjacent or surrounding property in order to respond to the
release or threatened release of hazardous material or to monitor, control, and
contain the release or perform any other action in mitigation of a hazardous
materials or terrorist incident. (1993 (Reg. Sess.,
1994), c. 769, s. 22.4(b); 2002-179, s. 21(f).)

§ 166A-26. Regional Response Team Advisory Committee.

(a) The Regional Response Team Advisory Committee is
created. The Secretary shall appoint the members of the Committee and shall
designate the chair. In making appointments, the Secretary shall take into
consideration the expertise of the appointees in the management of hazardous
materials emergencies. The Secretary shall appoint one representative from:

(1) The Division of Emergency Management;

(2) The North Carolina Highway Patrol;

(3) The State Fire and Rescue Commission of the
Department of Insurance;

(4) The Department of Environmental Quality;

(5) The Department of Transportation;

(6) The Department of Agriculture and Consumer
Services;

(7) The Chemical Industry Council of North Carolina;

(8) The N.C. Association of Hazardous Materials
Responders;

(9) Each regional response team;

(10) The State Bureau of Investigation.

In addition to the persons listed above, the Secretary shall
appoint to the Advisory Committee three persons designated jointly by the North
Carolina Fire Chiefs Association and the North Carolina State Firefighters'
Association.

(b) The Advisory Committee shall meet on the call of
the chair, or at the request of the Secretary; provided that the Committee
shall meet no less than once every three months. The Department of Public
Safety shall provide space for the Advisory Committee to meet. The Department
also shall provide the Advisory Committee with necessary support staff and
supplies to enable the Committee to carry out its duties in an effective
manner.

(c) Members of the Advisory Committee shall serve
without pay, but shall receive travel allowance, lodging, subsistence, and per
diem as provided by G.S. 138-5.

§ 166A-27. Action for the recovery of costs of hazardous
materials emergency response.

(a) A person who causes the release of a hazardous
material requiring the activation of a regional response team shall be liable
for all reasonable costs incurred by the regional response team in responding
to and mitigating the incident. The Secretary shall invoice the person liable
for the hazardous materials release, and, in the event of nonpayment, may
institute an action to recover those costs in the superior court of the county
in which the release occurred.

(b) A person who causes the release of a hazardous
material that results in the activation of one or more State Medical Assistance
Teams (SMATs) or the Epidemiology Section of the Division of Public Health of
the Department of Health and Human Services shall be liable for all reasonable
costs incurred by each team or the Epidemiology Section that responds to or
mitigates the incident. The Secretary of Health and Human Services shall
invoice the person liable for the hazardous materials release and, in the event
of nonpayment, may institute an action to recover those costs in the superior
court of the county in which the release occurred. (1993
(Reg. Sess., 1994), c. 769, s. 22.4(b); 2007-107, s. 3.1(a).)

§ 166A-28. Hazardous Materials Emergency Response Fund.

There is established in the Department of Public Safety a
fund for those monies collected pursuant to G.S. 166A-27. The Fund is also authorized
to accept any gift, grant, or donation of money or property to facilitate the
establishment and operation of the regional response system. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2011-145, s.
19.1(g).)

§ 166A-29. Emergency planning; charge.

(a) Every person, firm, corporation or municipality
who is licensed to construct or who is operating a fixed nuclear facility for
the production of electricity shall pay to the Department of Public Safety an
annual fee of at least thirty thousand dollars ($30,000) for each fixed nuclear
facility which is located within this State or has a Plume Exposure Pathway
Emergency Planning Zone of which any part is located within this State. This
fee is to be applied to the costs of planning and implementing emergency
response activities as are required by the Federal Emergency Management Agency
for the operation of nuclear facilities. Said fee is to be paid no later than
July 31 of each year. This minimum fee may be increased from time to time as
the costs of such planning and implementation increase. Such increases shall be
by agreement between the State and the licensees or operators of the fixed
nuclear facilities.

(b) Every person, firm, corporation or municipality
who is licensed to construct or who is operating a fixed nuclear facility for
the production of electricity shall pay to the Department of Public Safety, for
the use of the Radiation Protection Section of the Division of Public Health of
the Department of Health and Human Services, an annual fee of thirty-six
thousand dollars ($36,000) for each fixed nuclear facility that is located
within this State or that has a Plume Exposure Pathway Emergency Planning Zone
any part of which is located within this State. This fee shall be applied only
to the costs of planning and implementing emergency response activities as
required by the Federal Emergency Management Agency for the operation of
nuclear facilities. This fee is to be paid no later than July 31 of each year.

b. Any substance present as a solid in any
manufactured item to the extent exposure to the substance does not occur under
normal conditions of use.

c. Any substance to the extent that it is used for
personal, family, or household purposes or is present in the same form and
concentration as a product packaged for distribution and use by the public.

d. Any substance to the extent that it is used in a
research laboratory or a hospital or other medical facility under the direct
supervision of a technically qualified individual.

e. Any substance to the extent that it is used in
routine agricultural operations or is a fertilizer held for sale by a retailer
to the ultimate consumer.

(b) Annual Fee Shall Be Charged. - A person or
business required under Section 302 or 312 of EPCRA to submit a notification or
an annual inventory form to the Division shall be required to pay to the
Department an annual fee in the amount set forth in subsection (c) of this
section.

(c) Amount of Fee. - The amount of the annual fee
charged pursuant to subsection (b) of this section shall be calculated in
accordance with the following, up to a maximum annual amount of five thousand
dollars ($5,000) per reporting site:

(1) A fee of fifty dollars ($50.00) shall be assessed
for each substance at each site reported by a person or business that is
classified as a hazardous chemical.

(2) A fee of ninety dollars ($90.00) shall be assessed
for each substance at each site reported by a person or business that is
classified as an extremely hazardous substance.

(d) Late Fees. - The Division may impose a late fee
against a person or business for failure to submit a report or filing that
substantially complies with the requirements of EPCRA by the federal filing
deadline or for failure to pay any fee, including a late fee. This fee shall be
in addition to the fee imposed pursuant to subsection (c) of this section.
Prior to imposing a late fee, the Division shall provide the person or business
who will be assessed the late fee with written notice that identifies the
specific requirements that have not been met and informs the person or business
of its intent to assess a late fee. The assessment of a late fee shall be
subject to the following limitations:

(1) If the report filing or fee is submitted within 30
days after receipt of the Division's notice that it intends to assess a late
fee, no late fee shall be assessed.

(2) If the report filing or fee has not been submitted
by the end of the period set forth in subdivision (1) of this subsection, the
Division may impose a late fee in an amount equal to the amount of the fee
charged pursuant to subsection (c) of this section.

(e) Exemptions. - No fee shall be charged under this
section to any of the following:

(1) An owner or operator of a family farm enterprise, a
facility owned by a State or local government, or a nonprofit corporation.

(2) An owner or operator of a facility where motor
vehicle fuels are stored and from which such fuels are offered for retail sale.
However, hazardous chemicals or extremely hazardous substances at such a
facility, other than motor vehicle fuels for retail sale, shall not be subject
to this exemption.

(3) A motor vehicle dealer, as that term is defined in
G.S. 20-286(11).

(f) Use of Fee Proceeds. - The proceeds of fees
assessed pursuant to this section shall be used for the following:

(1) To offset costs associated with the establishment
and maintenance of a hazardous materials database and a hazardous materials
response application.

(2) To offset costs associated with the operations of
the regional response program for hazardous materials emergencies and terrorist
incidents.

(1) "Certified disaster service volunteer"
means a person who has completed the necessary training for and been certified
as a disaster service specialist by the American National Red Cross.

(2) "Disaster" means a disaster designated
at Level III or higher in the American National Red Cross Regulations and
Procedures.

(3) "State agency" means and includes all
departments, institutions, commissions, committees, boards, divisions, bureaus,
officers, and officials of the State, including those within the legislative
and judicial branches of State government. (1993, c.
13, s. 1.)

§ 166A-32. Disaster service volunteer leave.

An employee of a State agency who is a disaster service
volunteer of the American Red Cross may be granted leave from his work with pay
for a time not to exceed 15 work days in any 12-month period to participate in
specialized disaster relief services for the American Red Cross. To be granted
leave, the request for the services of that employee must come from the
American Red Cross. The decision to grant the employee leave rests in the sole
discretion of the employing State agency based on the work needs of that
agency. Employees granted leave pursuant to this Article shall not lose
seniority, pay, vacation time, sick time, or earned overtime accumulation. The
State agency shall compensate an employee granted leave under this Article at
the regular rate of pay for those regular work hours during which the employee
is absent from his work. Leave under this Article shall be granted only for
services related to a disaster occurring within the United States.

The State of North Carolina shall not be liable for workers
compensation claims arising from accident or injury while the State employee is
on assignment as a disaster service volunteer for the American Red Cross.
Duties performed while on disaster leave shall not be considered to be a work
assignment by a state agency. The employee is granted leave based on the need
for the employee's area of expertise. Job functions although similar or related
are performed on behalf of and for the benefit of the American Red Cross. (1993, c. 13, s. 1; 2001-508, s. 6.)

§ 166A-33: Reserved for
future codification purposes.

§ 166A-34: Reserved for
future codification purposes.

§ 166A-35: Reserved for
future codification purposes.

§ 166A-36: Reserved for
future codification purposes.

§ 166A-37: Reserved for
future codification purposes.

§ 166A-38: Reserved for
future codification purposes.

§ 166A-39: Reserved for
future codification purposes.

Article 4.

Emergency Management Assistance Compact.

§ 166A-40. Title of Article; entering into Compact.

(a) This Article may be cited as the Emergency
Management Assistance Compact.

(b) The Emergency Management Assistance Compact,
hereinafter "Compact", is hereby enacted into law and entered into by
this State with all other states legally joining therein, in the form
substantially as set forth in this Article. This Compact is made and entered
into by and between the party states which enact this Compact. For the purposes
of this Article, the term "states" means the several states, the
Commonwealth of Puerto Rico, the District of Columbia, and all United States
territorial possessions and the term "party states" means the
participating member states which enact and enter into this Compact. (1997-152, s. 1.)

§ 166A-41. Purposes and authorities.

(a) The purpose of this Compact is to provide for
mutual assistance between the party states in managing any emergency or
disaster that is duly declared by the governor of the affected state or states,
whether arising from natural disaster, technological hazard, man-made disaster,
civil emergency aspects of resources shortages, community disorders,
insurgency, or enemy attack.

(b) This Compact shall also provide for mutual
cooperation in emergency-related exercises, testing, or other training
activities using equipment and personnel simulating performance of any aspect
of the giving and receiving of aid by party states or subdivisions of party
states during emergencies, such actions occurring outside actual declared
emergency periods. Mutual assistance in this Compact may include the use of the
states' National Guard forces, either in accordance with the National Guard
Mutual Assistance Compact or by mutual agreement between states. (1997-152, s. 1; 2009-281, s. 1.)

§ 166A-42. General implementation.

(a) Each party state recognizes that many emergencies
transcend political jurisdictional boundaries and that intergovernmental
coordination is essential in managing these and other emergencies under this
Compact. Each party state further recognizes that there will be emergencies
that require immediate access and present procedures to apply outside resources
to respond to emergencies effectively and promptly. This is because few, if
any, individual states have all the resources that they may need in all types of
emergencies or the capability of delivering resources to areas where
emergencies exist.

(b) The prompt, full, and effective utilization of
resources of the participating states, including any resources on hand or
available from the federal government or any other source, that are essential
to the safety, care, and welfare of the people in the event of any emergency or
disaster declared by a party state, shall be the underlying principle on which
all articles of this Compact shall be understood.

(c) On behalf of the governor of each party state, the
legally designated state official who is assigned responsibility for emergency
management shall be responsible for formulation of the appropriate interstate
mutual aid plans and procedures necessary to implement this Compact. (1997-152, s. 1.)

§ 166A-43. Party state responsibilities.

(a) It shall be the responsibility of each party state
to formulate procedural plans and programs for interstate cooperation in the
performance of the responsibilities listed in this Article. In formulating the
plans, and in carrying them out, the party states, insofar as practicable,
shall:

(2) Review the party states' individual emergency plans
and develop a plan that will determine the mechanism for the interstate
management and provision of assistance concerning any potential emergency.

(3) Develop interstate procedures to fill any
identified gaps and to resolve any identified inconsistencies or overlaps in
existing or developed plans.

(4) Assist in warning communities adjacent to or
crossing the state boundaries.

(6) Inventory and set procedures for the interstate
loan and delivery of human and material resources, together with procedures for
reimbursement or forgiveness.

(7) Provide, to the extent authorized by law, for
temporary suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.

(b) The authorized representative of a party state may
request assistance of another party state by contacting the authorized
representative of that state. The provisions of this Compact shall only apply
to requests for assistance made by and to authorized representatives. Requests
may be verbal or in writing. If verbal, the request shall be confirmed in
writing within 30 days of the verbal request. Requests shall provide the
following information:

(1) A description of the emergency service function for
which assistance is needed, including fire services, law enforcement, emergency
medical, transportation, communications, public works and engineering, building
inspection, planning and information assistance, mass care, resource support,
health and medical services, and search and rescue.

(2) The amount and type of personnel, equipment,
materials and supplies needed, and a reasonable estimate of the length of time
they will be needed.

(3) The specific place and time for staging of the
assisting party's response and a point of contact at that location.

(c) There shall be frequent consultation between state
officials who have assigned emergency management responsibilities and other
appropriate representatives of the party states with affected jurisdictions and
the federal government, with free exchange of information, plans, and resource
records relating to emergency capabilities. (1997-152,
s. 1.)

§ 166A-44. Limitations.

(a) Any party state requested to render mutual aid or
conduct exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by this Compact
in accordance with the terms hereof; provided that the state rendering aid may
withhold resources to the extent necessary to provide reasonable protection for
such state.

(b) Each party state shall afford to the emergency
forces of any party state while operating within its state limits under the
terms and conditions of this Compact, the same powers (except that of arrest
unless specifically authorized by the receiving state), duties, rights, and
privileges as are afforded forces of the state in which they are performing emergency
services. Emergency forces will continue under the command and control of their
regular leaders, but the organizational units will come under the operational
control of the emergency services authorities of the state receiving
assistance. These conditions may be activated, as needed, only subsequent to a
declaration of a state of emergency or disaster by the governor of the party
state that is to receive assistance or commencement of exercises or training
for mutual aid and shall continue so long as the exercises or training for
mutual aid are in progress, the state of emergency or disaster remains in
effect, or loaned resources remain in the receiving state or states, whichever
is longer. (1997-152, s. 1.)

§ 166A-45. Licenses and permits.

Whenever any person holds a license, certificate, or other
permit issued by any party state evidencing the meeting of qualifications for
professional, mechanical, or other skills, and when assistance is requested by
the receiving party state, the person shall be deemed licensed, certified, or
permitted by the state requesting assistance to render aid involving skill to
meet a declared emergency or disaster, subject to any limitations and
conditions the governor of the requesting state may prescribe by executive
order or otherwise. (1997-152, s. 1.)

§ 166A-46. Liability.

Officers or employees of a party state rendering aid in
another state pursuant to this Compact shall be considered agents of the
requesting state for tort liability and immunity purposes; and no party state
or its officers or employees rendering aid in another state pursuant to this
Compact shall be liable for any act or omission occurring as a result of a good
faith attempt to render aid or as a result of the use of any equipment or supplies
used in connection with an attempt to render aid. For the purposes of this
Article, "good faith" does not include willful misconduct, gross
negligence, or recklessness. (1997-152, s. 1; 2007-484,
s. 24.)

§ 166A-47. Supplementary agreements.

Inasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two or more states may differ from that among
the states that are party hereto, this instrument contains elements of a broad
base common to all states, and nothing herein contained shall preclude any
state from entering into supplementary agreements with another state or affect
any other agreements already in force between states. Supplementary agreements
may comprehend, but shall not be limited to, provisions for evacuation and
reception of injured and other persons and the exchange of medical, fire,
police, public utility, reconnaissance, welfare, transportation and
communications personnel, and equipment and supplies. (1997-152,
s. 1.)

§ 166A-48. Compensation.

Each party state shall provide for the payment of
compensation and death benefits to injured members of the emergency forces of
that state and representatives of deceased members of the forces in case the
members sustain injuries or are killed while rendering aid pursuant to this
Compact, in the same manner and on the same terms as if the injury or death
were sustained within their own state. (1997-152, s.
1.)

§ 166A-49. Reimbursement.

Any party state rendering aid in another state pursuant to
this Compact shall be reimbursed by the party state receiving the aid for any
loss or damage to or expense incurred in the operation of any equipment and the
provision of any service in answering a request for aid and for the costs
incurred in connection with the requests; provided, that any aiding party state
may assume in whole or in part the loss, damage, expense, or other cost, or may
loan the equipment or donate the services to the receiving party state without
charge or cost; and provided further, that any two or more party states may
enter into supplementary agreements establishing a different allocation of
costs among those states. (1997-152, s. 1.)

§ 166A-50. Evacuation.

Plans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency or disaster
of sufficient proportions to so warrant shall be worked out and maintained
between the party states and the emergency management or services directors of
the various jurisdictions where any type of incident requiring evacuations
might occur. Plans shall be put into effect by request of the state from which
evacuees come and shall include the manner of transporting the evacuees, the
number of evacuees to be received in different areas, the manner in which food,
clothing, housing, and medical care will be provided, the registration of the
evacuees, the providing of facilities for the notification of relatives or
friends, and the forwarding of the evacuees to other areas or the bringing in
of additional materials, supplies, and all other relevant factors. The plans
shall provide that the party state receiving evacuees and the party state from
which the evacuees come shall mutually agree as to reimbursement of out-of-pocket
expenses incurred in receiving and caring for evacuees, for expenditures for
transportation, food, clothing, medicines and medical care, and like items. The
expenditures shall be reimbursed as agreed by the party state from which the
evacuees come and that party state shall assume the responsibility for the
ultimate support of repatriation of the evacuees. (1997-152,
s. 1.)

§ 166A-51. Effective date.

(a) This Compact shall become operative immediately
upon its enactment into law by any two states; thereafter, this Compact shall
become effective as to any other state upon its enactment by the state.

(b) Any party state may withdraw from this Compact by
enacting a statute repealing the same, but no withdrawal shall take effect
until 30 days after the governor of the withdrawing state has given notice in
writing of the withdrawal to the governors of all other party states. The
action shall not relieve the withdrawing state from obligations assumed
hereunder prior to the effective date of withdrawal.

(c) Duly authenticated copies of this Compact and of
any supplementary agreements as may be entered into shall, at the time of their
approval, be deposited with each of the party states and with the Federal
Emergency Management Agency and other appropriate agencies of the federal
government. (1997-152, s. 1.)

§ 166A-52. Validity.

If any provision of this Compact is declared
unconstitutional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of this act and the
applicability thereof to other persons and circumstances shall not be affected
thereby. (1997-152, s. 1.)

§ 166A-53. Additional provisions.

Nothing in this Compact shall authorize or permit the use of
military force by the National Guard of a state at any place outside that state
in any emergency for which the President is authorized by law to call into
federal service the militia, or for any purpose for which the use of the Army
or the Air Force would in the absence of express statutory authorization be
prohibited under section 1385 of Title 18, United States Code. (1997-152, s. 1; 2009-281, s. 1.)

The Division of Emergency Management in the Department of
Public Safety shall establish, as a voluntary program, an Emergency Management
Certification Program as provided for in this Article. The purpose of the
Program is to strengthen and enhance the professional competencies of emergency
management personnel in State and local emergency management agencies. (2009-192, s. 2; 2011-145, s. 19.1(g).)

§ 166A-61. Program standards and guidelines.

(a) The Division shall establish standards and
guidelines for administration of the Program, including:

(1) Minimum educational and training standards that
must be met in order to qualify for Type IV (entry), Type III (basic), Type II
(intermediate), and Type I (advanced) emergency management certification.

(2) Levels of education or equivalent experience that
may be met in order to qualify for the certifications provided for in
subdivision (1) of this subsection.

(3) Levels of education or equivalent experience for
instructors who participate in programs or courses of instruction.

(4) Curricula, syllabi, and other educational
materials.

(5) Mode(s) of delivery of educational and training
programs.

(b) In developing the Program, the Division may
consult and cooperate with political subdivisions, agencies of the State, other
governmental agencies, universities, colleges, community colleges, and other
institutions, public or private, concerning the development of the Program and
a systematic career development plan, including conducting and stimulating
research by public and private agencies designed to improve education and
training in the administration of emergency management.

(c) The Division shall study and make reports and
recommendations to the Secretary of Public Safety and other appropriate
agencies and officials concerning compliance with federal guidance, training,
educational, technical assistance needs, and equipment needs of State and local
emergency management agencies. (2009-192, s. 2; 2011-145,
s. 19.1(g).)

(a) The Secretary of Public Safety shall establish and
appoint the Emergency Management Training and Standards Advisory Board to
provide oversight of training and certification programs established pursuant
to this Article.

(b) The composition of the Board shall include
emergency management subject matter experts representative of the State, its
political subdivisions, and private industry.

(c) The duties of the Board shall include:

(1) Oversight of the Emergency Management Certification
Program.

(2) Review of applications for certification.

(3) Issuance of certifications at least semiannually.

(d) The Board shall meet at least semiannually and at
other times at the discretion of the Secretary. (2009-192,
s. 2; 2011-145, s. 19.1(g).)

§ 166A-63. Issuance of certification; reciprocity; renewal.

(a) The Emergency Management Training and Standards
Advisory Board shall issue documentation of certification, in a form and manner
prescribed by the Division, to each applicant within North Carolina
demonstrating successful completion of the requirements for the level of
certification sought by the applicant.

(b) The Board may issue documentation of certification
to any person in another state or territory if the person's qualifications
were, at the date of registration or certification, substantially equivalent to
the requirements established pursuant to this Article.

(c) Every person certified pursuant to this Article
who desires to maintain certification shall apply for renewal of certification
within five years of the date of original certification or certification
renewal.

(d) Renewal of Type I (advanced) certification is
subject to completion of at least 24 hours of continuing education requirements
as established by the Board.

(e) A certification that is not renewed in accordance
with this section automatically expires. The Board may approve reinstatement of
an expired certification upon good cause shown by the applicant.

(f) Certifications that have been expired for more
than five years shall not be reinstated. (2009-192,
s. 2.)

(2) Incident support team. - A team of trained
emergency response personnel, organized to provide coordination between
governmental agencies and nongovernmental organizations as well as technical
and logistical support to search and rescue teams and specialty rescue teams.

(2a) Search and rescue team. - A specialized team or
group of teams, organized with capabilities equivalent to search and rescue
teams established under the Federal Emergency Management Agency in order to
assist in the removal of trapped victims during emergencies, including, but not
limited to, collapsed structures, trench excavations, elevated locations, and
other technical rescue situations.

(3) Secretary. - The Secretary of the Department of
Public Safety.

(4) Specialty rescue team. - A specialized response
team, organized to provide technical rescue assistance to first responders. The
term includes, but is not limited to, a canine search and rescue or disaster
response team, a cave search and rescue team, a collapse search and rescue
team, a mine and tunnel search and rescue team, and a swift water or flood
search and rescue team. A specialty rescue team shall be aligned with one or
more of the search and rescue categories within the Federal Emergency
Management Agency's national resource typing system.

(a) The Secretary shall adopt rules establishing a
program for search and rescue that relies on contracts, memorandums of
understanding, and memorandums of agreement with contract response teams. The
program shall be administered by the Division of Emergency Management. To the
extent possible, the program shall be coordinated with other emergency planning
activities of the State. The program shall include contract response teams
located strategically across the State that are available to provide 24-hour
dispatch from the Division of Emergency Management Operations Center. The rules
for the program shall include:

(2) Guidelines for the dispatch of a contract response
team to a search and rescue team or specialty rescue team mission.

(3) Guidelines for the on-site operations of a contract
response team.

(4) Standards for administration of a contract response
team, including procedures for reimbursement of response costs.

(5) Refresher and specialist training for members of
contract response teams.

(6) Procedures for recovering the costs of a search and
rescue team or specialty rescue team mission.

(7) Procedures for bidding and contracting for search
and rescue team and specialty rescue team missions.

(8) Criteria for evaluating bids for search and rescue
team and specialty rescue team missions.

(9) Delineation of the roles of the contract response
team, local public safety personnel, the Division of Emergency Management's
area coordinator, and other State agency personnel participating in a search
and rescue team or specialty rescue team mission.

(10) Procedures for the Division of Emergency Management
to audit the contract response teams to ensure compliance with State and
federal guidelines.

(b) Within available appropriations, the Division of
Emergency Management shall spend the necessary funds for training, equipment,
and other items necessary to support the operations of contract response teams.
The Division of Emergency Management may also administer any grants of other
funds made available for contract response teams, in accordance with applicable
rules and regulations approved by the Director of the State Budget.

(c) In developing the North Carolina Search and Rescue
Program and adopting the rules required by this section, the Secretary shall
consult with the North Carolina Search and Rescue Team Advisory Committee
established pursuant to G.S. 166A-69. (2014-27,
s. 4; 2017-57, s. 16E.2; 2017-170, s. 1.)

§ 166A-67. Contracts; equipment loans.

(a) The Secretary may contract with any unit or units
of local government for the provision of a contract response team to implement
the North Carolina Search and Rescue Program. Contracts are to be let
consistent with the bidding and contract standards and procedures adopted
pursuant to G.S. 166A-66(a)(7) and G.S. 166A-66(a)(8). In entering
into contracts with units of local government, the Secretary may agree to provide
any of the following:

(1) A loan of equipment.

(2) Reimbursement of personnel costs, including the
cost of callback personnel, when a contract response team is authorized by the
Department to respond to search and rescue team and specialty rescue team missions.

(3) Reimbursement for use of equipment and vehicles
owned by the contract response team.

(4) Replacement of disposable materials and damaged
equipment.

(5) Training expenses.

(6) Anything else agreed to by the Secretary and the
contract response team.

(b) The Secretary shall not agree to provide
reimbursement for standby time.

(c) Any contract entered into between the Secretary
and a unit of local government for the provision of a contract response team
shall specify that the members of the contract response team, when performing
under the contract, shall not be employees of the State and shall not be
entitled to benefits under the Teachers' and State Employees' Retirement System
or for the payment by the State of federal Social Security, employment
insurance, or workers' compensation.

(d) Contract response teams that have the use of a
State vehicle may use the vehicle for local purposes. Where a State vehicle is
used for purposes other than authorized contract response to a search and
rescue team and specialty rescue team mission, the contract response team shall
be liable for repairs or replacements directly attributable to that use. (2014-27, s. 4; 2017-57, s. 16E.2; 2017-170, s. 1.)

§ 166A-68. Immunity of contract response team personnel.

Members of a contract response team shall be protected from
liability under the provisions of G.S. 166A-19.60(a) while on a search and
rescue team or specialty rescue team mission pursuant to authorization from the
Division of Emergency Management. (2014-27, s. 4;
2017-57, s. 16E.2; 2017-170, s. 1.)

§ 166A-69. North Carolina Search and Rescue Team Advisory
Committee.

(a) The North Carolina Search and Rescue Team Advisory
Committee is created. The Secretary shall appoint the members of the Committee
and shall designate the Director or Deputy Director of the North Carolina
Division of Emergency Management as the chair. In making appointments, the
Secretary shall take into consideration the expertise of the appointees in the
management of search and rescue or specialty response team missions. The
Secretary shall appoint one representative from each of the following:

(1) The Division of North Carolina Emergency
Management, who shall be the Director or Deputy Director of the North Carolina
Division of Emergency Management and who shall serve as the chair.

(b) The Advisory Committee shall meet on the call of
the chair, or at the request of the Secretary, provided that the Committee
shall meet no less than once every year. The Department of Public Safety shall
provide space for the Advisory Committee to meet. The Department shall also
provide the Advisory Committee with necessary support staff and supplies to
enable the Committee to carry out its duties in an effective manner.

(c) Members of the Advisory Committee shall serve
without pay, but shall receive travel allowance, lodging, subsistence, and per
diem as provided by G.S. 138-5.

(d) The Contract Response Team Advisory Committee shall
advise the Secretary on the establishment of the North Carolina Search and
Rescue Program. The Committee shall also evaluate and advise the Secretary of
the need for additional contract response teams to serve the State. (2014-27, s. 4; 2016-51, s. 6; 2017-57, s. 16E.2; 2017-170,
s. 1.)